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Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) -- S.19 Civil Procedure Code (V of 1908), S.51 & O.XXI, Rr.37, 38, 39 & 40 Execution of decree through arrest and detention of debtor Provisions of S.51 read with O.XXI, Rr.37, 38, 39 & 40, C.P.C. Applicability Warrant of arrest, issuance of Import and essentials Issuance of warrants without complying with such mandatory provisions of C.P.C., would be offensive not only to such provisions of C.P.C., but also against guarantees enshrined in the Constitution No other law available to prescribe such mode of execution of decree, such provisions of C. P. C. would be attracted to proceedings before Banking Court ¬Holding otherwise would mean that debtor in Banking Court is a lesser citizen not entitled to Constitutional guarantees, which idea is offensive to judicial mind. Precision Engineering Ltd and others v. The Grays Leasing Ltd. PLD 2000 Lah. 290; Manhattan Pakistan (Pvt.) Ltd. v. Government of Pakistan and another PLD 2000 Kar. 322; Pakistan through Military Estates Officer, Rawalpindi v. Abdul Aziz and another 2001 CLC 1086 and, Ch. Harpal Sing and others v. Lal Hira Lal AIR 1955 All. 402 rel. JUDGMENT Through this single judgment, I intended to dispose of Writ Petitions Nos. 16661, 16981, 16980 and 20806 of 2001. 2. The petitioners are judgment debtors and it appears that during the execution proceedings the decree holder Banks prayed for their arrest and detention for recovery of the decretal amounts. The learned Banking Court readily obliged and proceeded by issuing warrants of arrest of the petitioners as judgment debtors. In some cases the petitioners were actually arrested and committed to civil prison and were directed to be released by way of an interim relief given by this Court. 3. The issuance of warrants of arrest by the concerned Banking Court has been challenged through these Constitutional petitions on the basis of the ratio settled in re: Precision Engineering Ltd. and others v. The Grays Leasing Ltd. PLD 2000 Lahore 290; re: Manhattan Pakistan (Pvt.) Ltd. v. Government of Pakistan and another PLD 2000 Karachi 322 and re: Pakistan through Military Estates…

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